Only Common Sense Not Sufficient to Prove Obviousness Over Prior Art

Can the grant of patent be rejected on the obviousness criteria based only on common sense? This issue has been handled by United States Court of Appeals for the Federal Circuit in the case of ARENDI S.A.R.L., Appellant v. APPLE INC., GOOGLE INC., MOTOROLA MOBILITY LLC, Appellees, decided on August 10, 2016. On December 2, […]

CO2 Solutions Wins Patent Challenge Against Akermin in Denmark

CO2 Solutions Inc, a leader in the field of enzyme-enabled carbon capture technology, has successfully defended its broad intellectual property (IP) rights to its enzyme-enabled carbon capture technology in a case brought against it by U.S.-based Akermin Inc. in Denmark. Based in Quebec City, CO2 Solutions Inc. is an innovator in the field of enzyme-enabled […]

Federal Circuit Rules 180-Day Post-Licensure Notice is Mandatory in Biosimilar Litigation

In Amgen v. Apotex (No. 2016-1308), the US Court of Appeals for the Federal Circuit on July 5, 2016 affirmed a district court’s ruling that a biosimilar applicant must provide a reference product sponsor with 180 days’ post-licensure notice before commercial marketing of a biosimilar product begins, regardless of whether the applicant provided the § […]

Medecins Sans Frontieres (msf) Challenges Pfizer’s Patent Application on Pneumonia Vaccine in India

Médecins Sans Frontières (MSF) also known as Doctors Without Borders, an international humanitarian-aid non-governmental organization, has filed a pre-grant opposition in India to prevent US pharmaceutical company “Pfizer” from getting a patent on the pneumococcal conjugate vaccine (PCV13, marketed as Prevenar 13®). Prevenar 13® is the world’s largest selling vaccine for infants and toddlers, that […]

Intersection between Intellectual Property (IP) and Competition Law

With a growing buzz around how IP and Competition law interface with each other, instances when they can be coupled by Defendants to raise concerns/defense arguments, as to how and when investigations can be initiated through the Competition Commission of India (CCI), are becoming critical and hence need clarity at all ends. This piece is […]

News Snippet: Novartis sues Cipla for infringement of patents covering “Onbrez”

In the latest update, Novartis has sued Cipla for infringing its patents on “Onbrez” (Indacaterol) after Cipla launched its generic version for Indacaterol in October claiming “urgent unmet need” for the drug in India. Earlier, as we have reported here, Cipla approached Govt. of India to exercise its statutory powers to revoke the five patents […]